1. IMAM ALI G. KAZI, J.---The two petitioners herein are the employees of the Textile Research and Development Centre. This centre was established `as' a research and development organisation by Resolution No.8(1)/79-Adnin. IV, dated 30-1-1980 under the Ministry of Industries. This decision was taken by the Standing Organization Committee comprising various Secretaries of the Government of Pakistan. As the title itself indicate this organisation was intended to be purely a research organisation and was primarily to perform the following functions:--
(1) Management and Consultancy Services.
(2) Applied research.
(3) Diversification and development of new products.
(4) Information and promotion of services.
2. In view of above the organisation was intended to be purely a research organisation to help the Textile Industry in the country.
3. The Government of Pakistan, Finance Division Regulation Circle issued a Memorandum bearing No. 1/7/IMP. 11/87, dated 1st July, 1987 whereby the President of Pakistan sanctioned the revision of basic pay scales for civil employees of the Federal Government and in its para. 11 was provided to allow research allowance at the rate of 20% of the pay subject to a maximum amount of Rs.800 per month to the employees of BPS-16 and above deployed for exclusively research work. This allowance was admissible to the employees of such organisation if recognised by the Finance and Establishment Division of the Government of Pakistan.
4. It appears that Ministry of Industries under whom the two petitioners are working declined to implement this decision in their cases merely because certain objections were raised by Ministry of Finance, Government of Pakistan.
5. Ministry of Finance, Government of Pakistan though party to this petition has preferred not to file any counter-affidavit although two years have passed since the filing of this petition. Mr. Naeemur Rehman, Advocate for respondent has instead merely pointed out that a decision was taken in the year 1990 not to allow such allowance to the petitioners as they were not doing any research work.
6. This decision as pointed out by him has been taken in conjunction with the decision of other departments.
7. Mr. Muhanimad Zubair Qureshi, Advocate for the petitioners, contended that decision of the Ministry of Finance is not only arbitrary but discriminatory as well. The decision taken is also conjectural.
8. From the examination of the facts on record of his petition we find that the organisation itself was formed with the sole object of carrying on research covering various aspects of Textile Industry. If the officers working in the organisation are not doing any research work it can only be said that they are not performing their duty under the terms of the very charter of their appointment. The decision of Ministry of Finance referred to by Mr. Naeemur Rehman is devoid of force. Nothing has been pointed out by him to show that the petitioners or their organization is not doing research work. We, therefore, declare that the decision dated 14-3-1990 whereby research allowance has been disallowed to the petitioners is without any lawful authority and declare it to be of no legal effect. This petition is allowed with costs.